§10120. Commission oversight of Efficiency Maine Trust

1.Measures of performance.
The trust shall incorporate measures of performance in the triennial plan. The measures
of performance must define the electricity, natural gas and heating fuel savings targets
established in section 10104, subsection 4, paragraph F and specify the measures for
assessing progress in meeting the targets. The commission shall ratify measures of
performance incorporated in the triennial plan if it finds that these measures satisfy
the requirements of this chapter, including the principles described in section 10104,
subsection 2, and are in the public interest. The commission and the trust may revise
one or more of the measures of performance in the triennial plan at any time by mutual
agreement.

[
2009, c. 372, Pt. B, §3 (NEW)
.]

2.Regulation.
The trust may not expend any funds from assessments made under this chapter until
the commission approves the triennial plan. The commission upon recommendation of
the Public Advocate or the Attorney General may open an investigation of practices
or acts of the trust. If the commission, upon investigation, finds that the trust
has failed to comply with any requirement of this chapter or other requirements of
law in the use or expenditure of any funds from assessments made under this chapter,
the commission may issue an appropriate order directing the trust to take necessary
actions to bring the trust into compliance with the law and may suspend or limit the
authority of the trust to expend or encumber any funds derived from assessments made
under this chapter until the commission finds the trust has come into compliance with
the law. The commission may adopt rules to implement this subsection. Rules adopted
pursuant to this subsection are routine technical rules as defined in Title 5, chapter
375, subchapter 2-A.

[
2009, c. 372, Pt. B, §3 (NEW)
.]

3.Oversight and evaluation fund.
The commission shall establish an oversight and evaluation fund to be used solely to defray the commission's
projected costs of ongoing oversight of the trust's programs and results, including but not limited to reviewing the trust's calculation of program costs and benefits, measurement and verification
procedures and program evaluations and reviewing and approving the triennial plan. The commission may use funds to contract with expert 3rd-party resources to provide technical assistance or impartial evaluation
of the performance of energy efficiency programs administered by the trust. The commission
may assess the trust an amount not to exceed 1% of the total funds administered by
the trust, and the trust shall transfer that amount to the commission to be deposited
into the oversight and evaluation fund. Any interest on funds in the oversight and
evaluation fund must be credited to the oversight and evaluation fund and any funds
unspent in any fiscal year must either remain in the oversight and evaluation fund
to be used for the purposes specified in this subsection or be transferred to the
trust for deposit in appropriate program funds.

[
2013, c. 369, Pt. A, §26 (AMD)
.]

SECTION HISTORY

2009, c. 372, Pt. B, §3 (NEW).
2013, c. 369, Pt. A, §26 (AMD).

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